UPOV Convention

(a)

the denomination of the new variety may not be used, in any member State of the Union, as the denomination of another variety of the same or a closely related botanical species;
 

(b)

the denomination of the new variety shall be regarded as the generic name for that variety. Consequently, subject to the provisions of paragraph (10), no person may, in any member State of the Union, apply for the registration of, or obtain protection as a trade mark for, a denomination identical to or liable to cause confusion with such denomination, in respect of identical or similar products within the meaning of trade mark law.

 

(9)

  It shall be permitted, in respect of the same product, to add a trade mark to the denomination of the new variety.

 

(10)

  Prior rights of third parties in respect of signs used to distinguish their products or enterprises shall not be affected. If, by reason of a prior right, the use of the denomination of a new variety is forbidden to a person who, in accordance with the provisions of paragraph (7), is obliged to use it, the competent authority shall, if need be, require the breeder or his successor in title to submit another denomination for the new variety.
 

Article 14

[Protection Independent of Measures Regulating Production,

Certification and Marketing]

 

(1)

  The right accorded to the breeder in pursuance of the provisions of this Convention shall be independent of the measures taken by each member State of the Union to regulate the production, certification and marketing of seeds and propagating material.

 

(2)

  However, such measures shall, as far as possible, avoid hindering the application of the provisions of this Convention.
 

Article 15

[Organs of the Union]

The permanent organs of the Union shall be:

(a)

the Council;

(b)

the Secretariat General, entitled the Office of the International Union for the Protection of New Varieties of Plants. That Office shall be under the high authority of the Swiss Confederation.
 

Article 16

[Composition of the Council; Votes]

 

(1)

  The Council shall consist of representatives of the member States of the Union. Each member State of the Union shall appoint one representative to the Council and an alternate.

 

(2)

  Representatives or alternates may be accompanied by assistants or advisers.

 

(3)

  Each member State of the Union shall have one vote in the Council.
 

Article 17

[Observers in Meetings of the Council]

 

(1)

  States which have signed but not yet ratified this Convention shall be invited as observers to meetings of the Council. Their representatives shall be entitled to speak in a consultative capacity.

 

(2)

  Other observers or experts may also be invited to such meetings.
 

Article 18

[Officers of the Council]

 

(1)

  The Council shall elect a President and a first Vice-President from among its members. It may elect other Vice-Presidents. The first Vice-President shall take the place of the President if the latter is unable to officiate.

 

(2)

  The President shall hold office for three years.
 

Article 19

[Meetings of the Council]

 

(1)

  Meetings of the Council shall be convened by its President.

 

(2)

  A regular session of the Council shall be held annually. In addition, the President may convene the Council at his discretion; he shall convene it, within a period of three months, if a third of the member States of the Union so request.
 

Article 20

[Rules of Procedure of the Council; Administrative and Financial

Regulations of the Union]

 

(1)

  The Council shall lay down its rules of procedure.

 

(2)

  The Council shall adopt the administrative and financial regulations of the Union, after having consulted the Government of the Swiss Confederation. The Government of the Swiss Confederation shall be responsible for ensuring that the regulations are carried out.

 

(3)

  A majority of three-quarters of the member States of the Union shall be required for the adoption of such rules and regulations and any amendments to them.
 

Article 21

[Duties of the Council]

The duties of the Council shall be to:

(a)

study appropriate measures to safeguard the interests and to encourage the development of the Union;

(b)

examine the annual report on the activities of the Union and lay down the programme for its future work;

(c)

give to the Secretary-General, whose functions are set out in Article 23, all necessary directions, including those concerning relations with national authorities;

(d)

examine and approve the budget of the Union and fix the contribution of each member State in accordance with the provisions of Article 26;

(e)

examine and approve the accounts presented by the Secretary-General;

(f)

fix, in accordance with the provisions of Article 27, the date and place of the conferences referred to in that Article and take the measures necessary for their preparation;

(g)

make proposals to the Government of the Swiss Confederation concerning the appointment of the Secretary-General and senior officials; and

(h)

in general, take all necessary decisions to ensure the efficient functioning of the Union.
 

Article 22

[Majorities Required for Decisions of the Council]

The Council's decisions shall be taken by a simple majority of the members present, except in the cases provided for in Articles 20, 27, 28 and 32, and for the vote on the budget and the fixing of the contributions of each member State. In these last two cases, the majority required shall be three quarters of the members present.

 

Article 23

[Tasks of the Office of the Union;

Responsibilities of the Secretary-General: Appointment of Staff]

 

(1)

  The Office of the Union shall have the task of carrying out all the duties and tasks entrusted to it by the Council. It shall be under the direction of the Secretary-General.

 

(2)

  The Secretary-General shall be responsible to the Council; he shall be responsible for carrying out the decisions of the Council.
 

He shall submit the budget for the approval of the Council and shall be responsible for its implementation.

 

He shall make an annual report to the Council on his administration and a report on the activities and financial position of the Union.

 

(3)

  The Secretary-General and the senior officials shall be appointed, on the proposal of the Council, by the Government of the Swiss Confederation, which shall determine the terms of their appointment.
 

The terms of service and the remuneration of other grades in the Office of the Union shall be determined by the administrative and financial regulations.

 

Article 24

[Supervisory Function of the Swiss Government]

The Government of the Swiss Confederation shall supervise the expenditure and accounts of the Office of the International Union for the Protection of New Varieties of Plants. It shall submit an annual report on its supervisory function to the Council.

 

Article 25

[Cooperation with the Unions Administered by BIRPI]

The procedures for technical and administrative cooperation between the Union for the Protection of New Varieties of Plants and the Unions administered by the United International Bureaux for the Protection of Industrial, Literary and Artistic Property shall be governed by rules established by the Government of the Swiss Confederation in agreement with the Unions concerned.

 

Article 26

[Finances]

 

(1)

  The expenses of the Union shall be met from:
 

(a)

annual contributions of member States of the Union;
 

(b)

payments received for services rendered; and
 

(c)

miscellaneous receipts.

 

(2)

  For the purpose of determining the amount of their annual contributions, the member States of the Union shall be divided into three classes:
 

First class

five units
 

Second class

three units
 

Third class

one unit

Each member State of the Union shall contribute in proportion to the number of units of the class to which it belongs.

 

(3)

  For each budgetary period, the value of the unit of contribution shall be obtained by dividing the total expenditure to be met from the contributions of member States by the total number of units.

 

(4)

  Each member State of the Union shall indicate, on joining the Union, the class in which it wishes to be placed. Any member State of the Union may, however, subsequently declare that it wishes to be placed in another class.

Such declaration must be made at least six months before the end of the financial year preceding that in which the change of class is to take effect.

 

Article 27

[Revision of the Convention]

 

(1)

  This Convention shall be reviewed periodically with a view to the introduction of amendments designed to improve the working of the Union.

 

(2)

  For this purpose, conferences shall be held every five years, unless the Council, by a majority of five-sixths of the members present, considers that the convening of such a conference should be brought forward or postponed.

 

(3)

  The proceedings of a conference shall be effective only if at least half of the member States of the Union are represented at it.

A majority of five-sixths of the member States of the Union represented at the conference shall be required for the adoption of a revised text of the Convention.

 

(4)

  The revised text shall enter into force, in respect of member States of the Union which have ratified it, when it has been ratified by five-sixths of the member States of the Union. It shall enter into force thirty days after the deposit of the last of the instruments of ratification. If, however, a majority of five-sixths of the member States of the Union represented at the conference considers that the revised text includes amendments of such a kind as to preclude, for member States of the Union which do not ratify the revised text, the possibility of continuing to be bound by the former text in respect of the other member States of the Union, the revised text shall enter into force two years after the deposit of the last of the instruments of ratification. In such case, the former text shall, from the date of such entry into force, cease to bind the States which have ratified the revised text.
 
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